Lang v. State
| Docket Number: | 2004-KA-00648-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-13-2006 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - Admission of videotape - M.R.E. 103(a)(1) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 02-23-2004 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: CONVICTED OF MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND ORDERED TO PAY A FINE OF TEN THOUSAND DOLLARS ($10,000) AND ONE THOUSAND DOLLARS ($1000) IN COURT APPOINTED ATTORNEYS FEES AND COURT COST. District Attorney: DEE BATES Case Number: 03-313-KA |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Andy Lang |
PAUL MCGERALD LUCKETT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Murder - Admission of videotape - M.R.E. 103(a)(1) |
| Summary of the Facts: | Michael Lang was convicted and sentenced to life imprisonment for murder. He appeals. |
| Summary of Opinion Analysis: | Lang argues that the court erred by admitting a videotape of the crime scene into evidence, because it was gruesome, graphic, and repetitive. There was no objection on the record to the admissibility of the videotape. Likewise, there was no objection in the record before the video was played for the jury. It is well-settled law that the failure to make a contemporaneous objection waives the right of raising the issue on appeal. Lang’s counsel recognized his error and raised the objection during a recess. However, the objection raised was to a potential discovery violation. M.R.E. 103(a)(1) requires that an objection must state the specific ground for the objection unless the specific ground is apparent from the context. A trial judge cannot be put in error on a matter which was not presented to him for decision. |
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